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Home My WebLink AboutReso 2011-1824 RESOLUTION NO. 2011- l ~ ~ y A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT WITH THE FLORIDA DEP ARTMENT OF TRANSPORTATION ("FDOT") FOR PARKING SPACE LOCATED UNDER THE SUNNY ISLES BOULEVARD CAUSEWAY BRIDGE/SR826; AUTHORIZING THE MAYOR TO EXECUTE SAID SECOND AMENDMENT TO AIRSPACE AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT") owns properties located in the right-of-way under the Sunny Isles Boulevard Causeway Bridge; and WHEREAS, in July 2003 the City of Sunny Isles Beach entered into a lease agreement with FDOT to use the properties for parking purposes; and WHEREAS, the City of Sunny Isles Beach has installed Master Parking Meters and has been collecting fees for vehicles parking in the leased parcel since October 24,2011; and WHEREAS, in accordance with the terms of Paragraph 3 of the first Addendum to Lease Agreement, the terms and conditions of the Lease Agreement are changed in that the City shall pay FDOT, as rent, 40% of all gross revenues collected from the use of the leased area, and the City shall bear all expenses and operational costs from its 60% share of all gross revenues, as set forth in the attached Second Addendum; and WHEREAS, the City and FDOT now wishes to approve the Second Addendum to Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of the Second Addendum to Lease Agreement. The Second Addendum to Lease Agreement between the City and FDOT for parking space on property located under the Sunny Isles Boulevard Causeway Bridge/SR826 attached hereto as Exhibit "A" is hereby approved. Section 2. Authorization of Mayor. The Mayor is herby authorized to execute said Second Addendum to Lease Agreement. Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. R2011- FDOT Lease Agl11t 2nd Adden SR826. Page I of2 Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this 15th day of December 2011. ATTEST: '~I\~ Jane A. Hines, CMC, City Clerk Moved by: ~ l<:..l- vY\.~trT~~c-u<. Seconded by: (\~MVyu~. G;;\-\ffi Vote: tS-b Mayor Edelcup Vice Mayor Thaler Commissioner Aelion Commissioner Gatto Commissioner Scholl v (Yes) ~(Y es) -!L(Y es) ~Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R2011- FDOT Lease Agl11t 2nd Adden SR826. Page 2 of2 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SECOND ADDENDUM TO AIRSPACE AGREEMENT Item/Seg. No. : 248953/2489741 F.A.P. No. 268012U/6268009U Sec./Job No. : 87070-2514/87170-2517 Managing District :. Six S.R. No. 826 (N.W. 163 St.) County Miami-Dade Parcel No. 3129 (Parts A, B, C & D) THlS AGREEMENT SHALL SERVE AS A SECOND ADDENDUM to that certain Airspace Agreement and Addendum to Airspace Agreement between THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (Lessor) and CITY OF SUNNY ISLES BEACH (Lessee), and hereinafter collectively known as the "Parties", dated the 31st day of July 2009. In addition to the provisions contained in said Airspace Agreement, the following terms and conditions shall be deemed to be a part thereof pursuant to Paragraph 9 (b) of said Agreement. WHEREAS the Lessee has installed Master Parking Meters and has been collecting fees for vehicles parking in the leased parcel since October 24, 2011; THEREFORE, in accordance with the terms of the Paragraph 3 of the first Addendum to Airspace Agreement, the terms and conditions of the Airspace Agreement are changed as follows: Paragraph 3. RENT. The Parties agree that the Lessee shall pay Lessor, as rent, forty (40%) percent of all gross revenues collected from the use of the leased area. The Parties further agree the Lessee shall bear all expenses and operational costs from its sixty percent (60%) share of all gross revenues. Revenues shall be described as any and all revenues received from the Lessee as a result of the use of the leased area, including but not limited to metered parking, parking for fee, and recreational and vending concessions, if any. Rent payments shall be made quarterly on or before the 1 st day of the third month following the preceding three months in which such revenues were received commencing on October 24, 2011. Each quarterly payment shall be accompanied by a Lessee's signed statement which shall state the total amount of revenues for the period covered and the computation of the rental payment due Lessor. In addition, the Lessee shall provide the Lessor with an annual statement of the proceeds for each 12-month period of the term, within 30 days from the end of the prior 12-month period; such annual statement to be signed by the Lessee and certified by a Certified Public Accountant. The Lessee shall maintain a set of books, accounts and records covering the operations that are subject to this Agreement, said books, accounts and records to be of the same types as those customarily used in these types of operations in accordance with accepted accounting practices and standards for such period of time as is provided herein. Lessor shall be permitted upon three-business days prior written notice to Lessee to examine and audit, during ordinary business hours, by or through its officers, employees or representatives of the Lessor, such records and books of account, provided that the Lessee shall not be required to maintain such records and books of account pertaining to operations within the property occurring during any annual period for more than three (3) years after the end of each annual period. The Lessee shall make all rental payments and submit all revenue reports required by this arrangement to the following address: State of Florida Department of Transportation 1000 NW 111 Avenue R/W Administration, Rm. 6105-8 Miami, Florida 33172 Attn.: Property Management All other terms and conditions of the Airspace Agreement: as amended, remain unchanged and with this confirmed and ratified by the Lessee and Lessor. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the Airspace Agreement as of this /S( day of hb(l,{an~r~' 2011. CITY OF SUNNY ISLES BEACH (Lessee) Name: Norman S. Edelcup Name: Gus Peqo, P.E Title: City Mayor 'Attest: ~ J\ ~ Name: J M ~ ~. \\', ~1E~ Title: c..\Tt? c...L~R. 'K. Attest 'ft!~~ I~(t~ IJ ' Name/Title:/11al"Jql/-("f/~g/~l.S, Exec. Secretary Legal Review _...._......_. ~"~ .. " -....----) ~ ~. '-...LV-- C-..-I'U-L '- District Chief Counsel .... Name: Alicia Trujillo, Esq. NO'f, CITY ATIORNEY Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Alan J. Cohen, City Manager DATE: 12/15/2011 RE: Approval of an amendment to a Lease Agreement under the Sunny Isles Blvd Causeway with FDOT RECOMMENDATION: Approve the agreement REASONS: We are required by the Florida Department of Transportation (FDOT) to share any revenues we receive from properties that we lease from them. The City has just installed a new metered pay station at the Bella Vista parking lot, which is located under the Sunny Isles Boulevard Causeway. FDOT has submitted the lease addendum to us to reflect our new revenue collection activities on their property. ADDITIONAL INFORMATION: The lease amendment is virtually identical to the one approved by the City Commission earlier this year for the property lease under the William Lehman Causeway. It requires the same split in revenues, with 60% going to the City and 40% going to FDOT. It should be noted that the City does not pay anything else to FOOT for the lease of the property. FUNDING SOURCE: Revenue collections are accounted for in 10-344-501 Payments to FDOT are budgeted in 10-525-5349 ATTACHMENTS: . Resolution http://sibagenda.sibfl.net/ agenda/Preview .aspx?I temID=665 &MeetingID=O&MeetingDate... 12/9/2011 Preview Page 2 of2 . Second Addendum http://sibagenda. sibfl.net/agenda/Preview.aspx?l temID=665&MeetingID=0&MeetingDate... 12/9/2011